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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: I was released from jail on my own recogn. But the judge wanted me to go check in with probation / pretrial but I couldn

Find it , will I get intouble for not checking in ?

Stewart Salwin
Stewart Salwin answered on Mar 31, 2020

If the judge tells you to do anything at all, you need to do it. In your case, yes, you could definitely get in trouble for not checking in with pretrial services.

1 Answer | Asked in Criminal Law, Civil Rights and Gaming for Arizona on
Q: I live in Arizona. I have 2 non violent felonies(20 years ago). Can I purchase, own or possess a black powder pistol?
Stewart Salwin
Stewart Salwin answered on Mar 25, 2020

When you are convicted of a felony in Arizona, some of your civil liberties will be suspended. You will lose your right to vote, the right to hold public office, the right to serve as a juror, and, yes, the right to possess a gun. A felony conviction may also prevent a person from obtaining... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I live in Arizona and I got charged with poss of marijuana and paraphernalia and it's my first offense

What are the consequences I can get

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

The Arizona law that criminalizes possession of marijuana in Arizona is A.R.S. 13-3405. If you are charged with simple possession of marijuana it can be either a class 6 or up to a class 4 felony depending on the amount of marijuana that you possessed. For example, anything less than 2 pounds is... Read more »

1 Answer | Asked in Immigration Law, Criminal Law and DUI / DWI for Arizona on
Q: If a illegal immigrant has EDC Court , what will most likely happened on that day
Adan Vega
Adan Vega answered on Mar 18, 2020

At an Early Disposition Court session, you as a defendant will be arraigned, and a plea agreement will be offered by the County Attorney. If you accept the plea agreement, sentencing will occur that day or at an EDC session. If you do not accept the offered plea agreement, you will be allowed time... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If a 17year old boy has felony warrants will he have everything dropped when he is 18

Worried about him and his thinking right now he believes if he waits until a month before his birthday to turn himself in he will have a clean slate and only serve a month

Mike Branum
Mike Branum answered on Mar 16, 2020

Definitely not the way this works. He will continue to be treated as a juvenile after his 18th birthday because the offenses occurred while he was legally a juvenile. He will, however, have to face the full consequences regardless of being considered an adult.

1 Answer | Asked in Criminal Law for Arizona on
Q: How can I get an arrest and written warning expunged from my record?

I was arrested and charged with failure to identify and written a warning for hitchhiking. Hitchhiking is legal in Arizona as the prosecutor found out during my pretrial conference. The charge was subsequently dismissed with prejudice. The prosecutor informed me she did not have the authority to... Read more »

Mike Branum
Mike Branum answered on Mar 5, 2020

It is very nearly impossible to have an arrest record sealed in Arizona. You have to actually prove complete innocence / wrongful arrest. The hitchhiking may have been lawful, but merely having the failure to identify charge dropped does not mean you have a strong case to have the arrest record... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Arizona on
Q: I was stopped, waiting to turn left out of a small mall plaza in SE Arizona.

A half dozen cars were turning left into the mall. One took aim at the front of my truck and kept smashing through until her entire side was damaged, instead of stopping on impact. Two teen girls were watching. My truck was not drive-able. She pulled over 200 feet into the mall lot and never got... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 3, 2020

There is no legal mechanism for an individual to initiate criminal charges. In this sense, there is no such thing as "pressing charges." A victim may only agree to cooperate with the law enforcement agency. For charges to be initiated you would have to convince the police to file a report and... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for Arizona on
Q: can a lawyer not offer a diversion program if the person qualifies for one being it's first offence and felony changes

I was convicted of theft and tariffing I was given 2 case 6 felonies,18 month probation, and 900.00 fine. At the time I should have been offered a PRETIAL FELONY DIVERSION PROGROM. I qualify for the requirements. My question is do I have a chance at another hearing, what step do I take to get this... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 3, 2020

It is ultimately up to the prosecuting agency to determine what type of plea offer to grant to a defendant. This is a matter of policy by the prosecutor's office. Arizona courts have long held that "[c]riminal defendants have no constitutional right to a plea agreement and the State is not... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Arizona on
Q: Are there Pro-Bono Lawyers that help Criminal Case in Arizona?

My brother is being extradited back to Maricopa County from New Mexico. He has 10 counts of sexual exploitation of a minor for possession of internet porn. He was told by a defense lawyer found on the internet that it would be over $30,000 to defend him. He has no means. He has lost his job and is... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Mar 3, 2020

A public defender or court appointed attorney will be appointed at the arraignment.

1 Answer | Asked in Criminal Law for Arizona on
Q: I need some questions answered from a criminal defense attorney for a school assignment? Please and thank you

• What is your day to day as a criminal defense attorney?

• What is your expertise of practice?

• Do attorneys only come in after an arrest has been made?

• What is the role of an attorney from arrest to sentencing?

• How often do attorneys interact with... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 1, 2020

• What is your day to day as a criminal defense attorney?

A defense attorney's day includes going to court (usually in mornings, unless there is a hearing or trial scheduled for the afternoon), talking with clients, conducting research on a case, and writing motions.

• What is...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: A friend was caught shoplifting at target and the police arrested him and his gf and they pulled out the stolen product

from their pockets and have video/pictures of them stealing 2 times before it’s their first time being arrested and it’s their first offense should they plea guilty or innocent

They are barley 18 no jobs no money they just go to school

Stewart Salwin
Stewart Salwin answered on Mar 1, 2020

Whether a defendant should plead guilty to a charge depends upon a variety of factors. First, a defendant can only plead guilty if they are able to lay a factual basis for the plea. In other words, the defendant needs to be guilty of the charges and admit in court the underlying facts that would... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: I was told due to my case I'm not appointed to an free Attorney?? Assualt

He spit in my face aggressively took my cell, I (admit) threw a small wood sign at wall, he then punched me in my mouth..my mouth bloody, (I was 5 months pregnant)I then called 911on home phone he disconnected phone line, State is pressing charges on me??? I cant afford a lawyer. Been with this man... Read more »

Mike Branum
Mike Branum answered on Feb 24, 2020

If you were charged with misdemeanor assault - DV, you are not entitled to a public defender because there is no jail time associated with the charges. There are agencies in Maricopa County whose mission is to assist women in leaving abusive relationships. Please seek the help of one of these... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can a misdemeanor be dismissed with prejudice?
Stewart Salwin
Stewart Salwin answered on Feb 22, 2020

In Arizona, any criminal case--whether it is a misdemeanor or a felony--may be dismissed either with or without prejudice. What do these terms mean? Dismissal without prejudice means that the case is dismissed for the time being, but the state may refile the charges at a later time. You will... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: What do I do if I request assistance of counsel at my arraignment because I am indigent and the judge refuses?
Mike Branum
Mike Branum answered on Feb 11, 2020

I am going to venture a guess that you are charged with a misdemeanor and the prosecutor is not seeking jail time. Under those circumstances, the courts have found that you do not have a constitutional right to counsel because your liberty is not at risk.

1 Answer | Asked in Criminal Law for Arizona on
Q: lost my ticket/complaint how can I find out what date and time I am supposed to appear at Chandler Municipal court AZ
Zachary Divelbiss
Zachary Divelbiss answered on Jan 27, 2020

You can contact the court directly at 480-782-4700 (0) and they will be able to tell you the date and time of your next court date. If you need any help, please contact me directly at 602-900-6642.

1 Answer | Asked in Criminal Law for Arizona on
Q: Should they have continued searching my car?

Allegedly, an undercover officer pulled me over after running my info and seeing that I supposedly had a suspended license. So, he told me that the car would have to be towed and asked if there was anything in the car. Allegedly, I admitted to drug paraphernalia being in there. As they searched,... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

This is a situation where you will definitely want to talk to me about the specifics of your case, or your friend’s case. Usually there is enough reason to search the case based on you admitting to there being drugs/paraphernalia in the car but this can get much more complex than a simple yes or... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona criminal proceedings does the defendant have a right to a lawyer during an evidentiary hearing?
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

Yes a criminal defendant has a right to a lawyer at all stages of their case, including an evidentiary hearing. There are very few reason where you wouldn’t have a lawyer and I would be more than happy to discuss it with you. Feel free to reach out for a free consultation 602-900-6642.

1 Answer | Asked in Criminal Law for Arizona on
Q: What is the sentencing for false information to law enforcement in Arizona? I have no record
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

There are a few different charges that could involve providing false information so it would be best to contact me directly for a free consultation 602-900-6642. If it’s a misdemeanor then there’s going to be less of a punishment than a felony. However, everyone’s case is a little different... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: i got pulled over and the reason for pulling me overx the sheriff said "he pulled me over because i was trespassing"

is trespassing a moving violation? it seemed like if they were watching me or the area, cause there were 3 sheriffs involved in the stop.

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

I agree that this is a very weak reason to be pulled over and isn’t the typically traffic violation that allows a the police to conduct a traffic stop. However, someone can still tresspass while in a vehicle so I would need to know more about what actually happened. Feel free to reach out for a... Read more »

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